[2015] FWCA 2307

The attached document replaces the document previously issued with the code [2015] FWCA 2295 on 1 April 2015.

Document reference numbers have been corrected.

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 1 April 2015

[2015] FWCA 2307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hymix Australia Pty Limited
(AG2015/485)

HYMIX AUSTRALIA PTY LTD NSW COUNTRY WORKSHOP ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 APRIL 2015

Application for approval of the Hymix Australia Pty Ltd NSW Country Workshop Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd NSW Country Workshop Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 April 2015. The nominal expiry date of the Agreement is 18 February 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Limited sought approval for the NSW Country Workshop Enterprise Agreement 2015 in the Fair Work Commission. The application centred around whether the agreement complied with the relevant federal legislation and the principles of good faith bargaining. The Fair Work Commission was tasked with determining if the agreement met the necessary requirements for approval, including assessing whether it was made in good faith and if it contained all the mandated terms and conditions.

The legal issues before the Commission were multifaceted. Primarily, it needed to be established whether the agreement was genuinely negotiated in good faith, as required by the Fair Work Act 2009. The Commission also had to verify that the agreement contained all the prescribed minimum terms and conditions, and whether any provisions were contrary to public policy or unfair. Furthermore, the court had to ensure the agreement was made in accordance with the relevant provisions of the Act and did not contravene any other legislative instruments.

The Commission found that the agreement was indeed negotiated in good faith and contained all the necessary minimum terms and conditions. The provisions of the agreement were deemed fair and did not contravene public policy. The Commission was satisfied that the agreement was made in accordance with the Fair Work Act 2009 and did not conflict with any other legislation. Consequently, the application for approval was granted, and the NSW Country Workshop Enterprise Agreement 2015 was approved.

The Fair Work Commission ordered that the NSW Country Workshop Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision provided clarity and legal certainty for the parties involved, ensuring that the agreement would be upheld as a valid and enforceable contract between Hymix Australia Pty Limited and its employees.

Hymix Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established